Richard Korn along with co-counsel from Chicago, recently obtained a dismissal with prejudice of their client, a national trust company, in a case where the plaintiffs claimed to have invested and lost millions of dollars in a “Ponzi Scheme” devised and carried out by a third-party who ultimately was indicted by a federal grand jury and convicted of money laundering, wire fraud and mail fraud. The plaintiffs pled various causes of action against Richard’s client, including (a) aiding and abetting breach of fiduciary duty, (b) aiding and abetting fraud, and (c) conspiracy. In their Motion to Dismiss, Richard argued that defendant was immune from liability for the alleged conduct under the Safe Harbor provisions of the federal Bank Secrecy Act, 31 U.S.C. Section 5318. After the motion was fully briefed and argued in front of the trial court judge, the motion was granted and the case was dismissed with prejudice.
Tom Smith and Mike Donelson win defense verdict in medical malpractice case tried in Jersey County, IL. The plaintiff alleged the defendant orthopedic surgeon improperly performed a shoulder surgery to repair a labral tear that resulted in progressing arthritis that allegedly caused the need for a total shoulder replacement. The plaintiff had sought recovery for $250,000 in past and future medical expenses, over $250,000 for pain and suffering , and consortium damages for plaintiff’s spouse. The defense had to overcome damaging testimony from subsequent treating orthopedic surgeons from Washington University and the testimony of plaintiff’s local orthopedic surgery retained expert. The defense argued the shoulder problem, and that the surgery involving the placement of anchors was properly performed. The defense further demonstrated that the plaintiff’s progressing arthritis that lead to the need for shoulder replacement surgery was due to a shoulder infection that developed through no fault of any of the medical providers. After four days of trial the jury returned a unanimous defense verdict.
After exhausting administrative remedies, plaintiff filed a wrongful termination claim in Jefferson County, Missouri against his former employer, a not-for-profit religious organization, alleging he was terminated due to his age and disability. Defendant demonstrated that plaintiff’s age and alleged disability were not the reason for his termination. Instead, plaintiff was terminated due to inability to perform the necessary functions of his job. After completing written discovery and taking the plaintiff’s deposition, defendant was in a position to file for summary judgment. The trial court agreed with defendant and granted summary judgment.
Beginning in 2002, Dana Tucker Redwing managed and defended many cases for Fox Smith clients in various areas, including commercial litigation, product liability, and employment law. Her work with Fox Smith ended in 2009 when she answered the call of the Missouri Attorney General to serve as Chief Counsel for the eastern region of the Attorney General’s Office. As Chief Counsel, Dana managed the day-to-day operations of the St. Louis regional office of the Missouri Attorney General, including all attorneys and support staff. Dana also handled a full caseload, including investigating and defending state and federal employment discrimination matters and other litigation Having completed her service to the State of Missouri and the Attorney General’s Office, Dana now returns to private practice with Fox Smith as a partner. She will continue defending our clients in various areas. Welcome back, Dana!
Fox Smith, LLC will be a sponsor at the Inland Marine Expo (IMX) which will be held May 10-12, 2016 at America Center Convention Complex, St. Louis, MO. The Inland Marine Expo is the annual trade show for the inland and intra-coastal marine transportation industry. At the show, you will find equipment and services that are critical in the movement of goods along these waterways. Please visit http://inlandmarineexpo.com/(http://inlandmarineexpo.com/) for more information on the Expo.
Fox Smith is pleased to announce the naming of two new partners, Michael E. Donelson and Sarah B. Mangelsdorf. Since joining Fox Smith, Mike has practiced civil litigation with an emphasis on professional liability, personal injury, and product liability defense. Mike practices in both Missouri and Illinois and has extensive trial experience successfully representing his clients in both bench and jury trials in multiple jurisdictions in both states. Sarah concentrates her practice in environmental law, administrative law, and complex litigation. Prior to joining Fox Smith, Sarah worked for the Missouri Attorney General’s Office and provided legal counsel to numerous governmental agencies on matters pertaining to environmental law and policy, administrative law, energy efficiency, and hazardous substances in the workplace. Sarah is licensed to practice in Missouri and Illinois.
Ryan Mohr and Sarah Mangelsdorf, partners at Fox Smith, LLC, spoke at the February 8 joint meeting of Chemical Industry Council of Illinois (CICI) and Gateway Society of Hazardous Materials Managers (GSHMM) at the Engineers’ Club of St. Louis. Ryan and Sarah spoke on “Responding to Government Inquiries.”
Tom Smith wins defense judgment following bench tried case in the City of St. Louis in favor of local cap company in lawsuit alleging personal injuries arising from an automobile accident. The defense focused on establishing the cab driver was not negligent and did not cause the alleged injuries.
Bart Sullivan will be speaking to on Jury Selection at ACI’s Drug & Medical Litigation Boot Camp on July 30, 2018 in Philadelphia, PA. The conference is an interactive pre-trial, trial, and settlement skills master class for pharma and med device companies and their counsel. For more information, please visit: https://www.americanconference.com/drug-medical-litigation-boot-camp/.
Ron Fox was recently named to The Best Lawyers in America. Recognition by Best Lawyers is based entirely on the review of attorney peers and colleagues in their geographical area. This process captures the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same area of law. Visit Ron’s profile at: https://www.bestlawyers.com/search?query=Ronald%20Fox&country=US&state=MO&filters=lawyer&page=1